Monday, 13 May 2013

Justice Dept. approves use of data-review software

The Wall Street Journal and the ABA Journal report that the U.S. Justice Department recently approved the use of data-sifting software (rather than lawyers) to go through over a million documents produced for review in the proposed merger of beer producers Anheuser-Busch and Grupo Modelo. Lawyers for the 2 companies loaded the documents into a software program (by kCura Corp.) and manually reviewed a batch to train the software to recognize relevant documents. The manual review was repeated until the Justice Department and Constellation were satisfied that the program could accurately predict relevance in the rest of the documents. The companies spent 50% less than they would have using more traditional methods, said Warren Rosborough, a partner at the firm who represented one of the parties. "Something that would easily cost three, four, five million dollars, you can do in the range of one to two," Mr. Rosborough said.
The Wall Street Journal says that "Only a handful of judges have approved the use of such data-review software in litigation, and law firms have been cautious about deploying the technology, which can be trained to hunt for concepts and unleashed across millions of documents at once."